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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2839
Posts / Week:8.9
Archived Since:March 17, 2008

Blog Post Archive

Image advertising is commercial speech

2 months agoIndustries / Law : 43(B)log

Jordan v. Jewel Food Stores, Inc. --- F.3d ----, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and LanhamShow More Summary

Lanham Act 43(a) and Rule 9(b)

2 months agoIndustries / Law : 43(B)log

SKEDKO, Inc. v. ARC Products, LLC, 2014 WL 585379, No. 3:13–cv–00696 (D. Ore. Feb. 13, 2014) Short opinion finding that Rule 9(b) applies to Lanham Act false advertising claims (here, counterclaims), because they sound in fraud. Fraud...Show More Summary

retail purchases mean class isn't ascertainable

2 months agoIndustries / Law : 43(B)log

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of any ultimate settlement or award, no class action may be maintained. Show More Summary

Connecticut lawyer can't bring unfair competition claim against California lawyer

2 months agoIndustries / Law : 43(B)log

Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California. In 2012, Adams emailed Shehu, LLC and two employees...Show More Summary

HLR Free Speech Symposium: Jack Balkin, Old School/New School Speech Regulation

2 months agoIndustries / Law : 43(B)log

Speech presupposes an infrastructure. Sometimes obvious, sometimes not. NYT isn’t simply the print on the page, it’s a staff and a building and printers and printers’ unions and delivery trucks and ad agencies and all the infrastructure that allows that to happen. Show More Summary

HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

2 months agoIndustries / Law : 43(B)log

My paper versus the other topics: One of these things is not like the others. Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not in Sullivan’s protection for the press as such. Show More Summary

HLR Free Speech Symposium: Marvin Ammori, Free Speech Lawyering in the Age of Google and Twitter

2 months agoIndustries / Law : 43(B)log

Ben Lee, as a second year, interned at the firm that represented the NYT in NYT v. Sullivan. Now a lawyer for Twitter: 50 years from now when we think of the major episodes in free expression law, we’ll remember the lawyers at Twitter, Google, Tumblr and Wordpress. Show More Summary

HLR Symposium, Panel 2: Sonja R. West, Press Exceptionalism

2 months agoIndustries / Law : 43(B)log

Right now reporters have no special protections against trespass, breach of duty of loyalty, having their newsrooms searched, etc. Journalists who receive leaks can be treated as criminals under some circumstances. No special right of access to places/meetings: if we can’t open the door to everyone we don’t open the door at all. Show More Summary

HLR symposium on freedom of the press: Mark Tushnet & Susan Crawford

2 months agoIndustries / Law : 43(B)log

Harvard Law Review Symposium 2014: Freedom of the Press Introduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. Show More Summary

Neither EPA nor FTC preempt fuel economy consumer protection claim

2 months agoIndustries / Law : 43(B)log

Gilles v. Ford Motor Co. --- F.Supp.2d ----, 2014 WL 544990 (D.Colo. Feb. 12, 2014) Gilles sued Ford for falsely advertising the gas mileage of his 2013 Ford Escape SE. The court denied a motion to dismiss on preemption grounds. Gilles...Show More Summary

Trademark licensor must be joined even when plaintiff is exclusive licensee

2 months agoIndustries / Law : 43(B)log

Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals. Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a patented ingredient known as Quatrefolic and to the Quatrefolic mark. Show More Summary

gay conversion therapy as false advertising

2 months agoIndustries / Law : 43(B)log

Story via Salon. As repugnant as I find these outfits, this might be a new frontier in identifying false/falsifiable claims.

Australian reform commission recommends fair use

2 months agoIndustries / Law : 43(B)log

Report here (pdf). Discusses the three-step test, moral rights, and the superiority of fair use to revised fair dealing. Of note: one reason to adopt fair use is that it provides greater protection for "musical compositions, new films, art works and fan fiction."

lawsuit against "humane environment" claims for chicken

2 months agoIndustries / Law : 43(B)log

Suit accuses Kroger of deception in how chicken were raised.

WIPIP: IP theory

2 months agoIndustries / Law : 43(B)log

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard. Wikileaks ran through cash reserves in less than a year and suspended publication. Show More Summary

WIPIP: copyright doctrine

2 months agoIndustries / Law : 43(B)log

Session 3: Copyright Doctrine Patrick Goold, UC Berkeley School of Law (fellow) Is Liability for Copyright Infringement Strict? Strict liability is conduct plus outcome. Fault-based is conduct, outcome, and fault. Fault can be based on the standard of conduct (reasonableness), or the state of mind (intentionality, recklessness). Show More Summary

Transformative work of the day?

2 months agoIndustries / Law : 43(B)log

Jane Perkins makes collage art from found objects. How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist's site, where a print of the latter is available.

The ecstasy of influence

2 months agoIndustries / Law : 43(B)log

The Way We Live Now by David Brooks, by Jody Rosen. Violation of the moral right of attribution? Does this flunk Rogers v. Grimaldi? Is it protected against trademark claims anyway? Transformative work of the day? (Maybe not. I've got another one coming.) Bonus: Jonathan Lethem's The Ecstasy of Influence.

WIPIP: First Amendment

2 months agoIndustries / Law : 43(B)log

Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem? Similar to ©: can prevent other people from saying what they want to say, how they want to say it. Show More Summary

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